Scannell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort for personal injuries occasioned by a collision between a wagon owned and driven by the plaintiff Scannell, and on which he and the plaintiff Shea were at the time riding, and an electric car of the defendant company, on January 11,1898, at the corner of Cambridge and North Grove Streets, Boston.
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Two actions OF tort for personal injuries occasioned by a collision between a wagon owned and driven by the plaintiff Scannell, and on which he and the plaintiff Shea were at the time riding, and an electric car of the defendant company, on January 11,1898, at the corner of Cambridge and North Grove Streets, Boston. At the trial in the Superior Court, before Gaslcill, J., the defendant asked numerous requests, of which the following only are material: 8. If Mr. Scannell attempted to hurry across the street in front of a rapidly approaching electric car, he assumed the risk of collision. 11.…
1Opinion of the CourtLathrop, J.
The plaintiffs, while driving in a heavily loaded wagon, drawn by one horse, attempted to cross Cambridge Street in Boston, when an electric car of the defendant was coming towards them. A collision resulted, and the ques*172tians for the jury were whether the plaintiffs were in the exercise of due care, and whether the defendant’s servant, the motorman, was negligent. The evidence was conflicting, and no question is made that the case was not one for the jury.
The defendant asked for twenty-five instructions, which were not given in the form requested, or except as contained in the charge. At the…
2Cases cited8 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- O'Brien v. Blue Hill Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Fallon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
7 more not listed; retrieve them via the Exa API.